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CIRCULAR No

CIRCULAR No. 05/2002/TT-BTP OF FEBRUARY 27, 2002 GUIDING THE TRANSFER OF SOME CASES OF JUDGMENT EXECUTION TO THE COMMUNE, WARD AND TOWNSHIP PEOPLE’S COMMITTEES FOR DIRECTLY URGING THEIR EXECUTION

In furtherance of the Prime Minister’s Directive No. 20/2001/CT-TTg of September 11, 2001 on promoting, and raising the effectiveness of, the civil judgment execution work; after consulting with the Supreme People’s Procuracy and the Government Commission for Organization and Personnel, the Ministry of Justice hereby guides the transfer of cases from the judgment- executing agencies to the commune, ward or township People’s Committees (collectively called commune-level People’s Committees) for directly urging their execution as follows:

I. CASES TO BE TRANSFERRED BY THE JUDGMENT-EXECUTING AGENCIES TO COMMUNE-LEVEL PEOPLE’S COMMITTEES FOR URGING THEIR EXECUTION

1. The judgment-executing agencies shall issue decisions to transfer the following cases to the commune-level People’s Committees for directly urging their execution:

a/ Cases involving the money amounts or property values to be paid by the involved parties worth up to VND 500,000, or over VND 500,000 but the judgment-executing agencies already effected the execution and the remaining money amounts or property values to be paid worth up to Vietnam 500,000.

b/ Cases which are executed periodically and the money amounts or property values to be paid each time are up to VND 500,000.

c/ Execution of fining decisions issued by executors or heads of judgment-executing agencies.

d/ Expenses for forcible judgment execution, which are up to VND 500,000 in cases where the judgment-executing agencies have not yet collected or cannot deduct them from the proceeds from the sale of properties for judgment execution.

2. After issuing the judgment execution decisions (including those issued before this Circular takes effect but not yet executed or being executed), the heads of the judgment-executing teams shall issue decisions on the transfer of the concerned cases to the commune-level People’s Committees for directly urging their execution.

If the above kinds of cases fall under the executing competence of the Judgment-Executing Sections, the heads of the Judgment-Executing Sections shall authorize the judgment-executing teams to transfer them to the commune-level People’s Committees for urging their execution.

II. PROCEDURES FOR ISSUANCE OF TRANSFER DECISIONS, COMPILATION OF TRANSFER DOSSIERS, HANDING OVER TO AND RECEIPT THEREOF BY COMMUNE-LEVEL PEOPLE’S COMMITTEES

1. Issuance of transfer decisions

a/ The heads of the judgment-executing teams shall issue decisions to transfer the cases to the commune-level People’s Committee of the localities where the involved persons reside or have properties for urging their execution. Such transfer decisions must clearly state the contents of execution which need to be urged.

b/ In case of necessity, the heads of the judgment-executing teams who have issued transfer decisions may change or supplement the contents of such transfer decisions.

c/ Transfer decisions must be sent to the persons for whom the judgments are executed, the persons against whom the judgments are executed, the persons with related rights and interests, and the People’s Procuracy of the same level.

2. Compilation of transfer dossiers

a/ In addition to opening books according to the Justice Ministry’s Circular No. 67/TT-THA of July 5, 1996, the judgment-executing teams must open the book for "handing over and receipt of dossiers and monitoring of the results of judgment execution for cases transferred to the commune/ward People’s Committees".

The commune-level People’s Committees must open the book for "monitoring the urging of judgment execution".

b/ A transfer dossier consists of:

- The transfer decision;

- The copy of the court’s judgment or decision (with certification by the judgment-executing agency);

- The copy of the judgment execution decision;

- In addition, on a case-by-case basis, the transfer dossier should also contain the fining decision, the decision to collect expenses for forcible judgment execution, and necessary relevant documents (if any).

3. The procedures for handing over and receiving dossiers

a/ After issuing the transfer decisions, the executors assigned to organize the execution of the concerned cases must compile the complete dossiers, transfer them and issue the receipts for collected and spent judgment execution money to the commune-level People’s Committees. The handing over and receipt of dossiers shall be effected directly or through the post offices but the dossier receipt must be acknowledged by signing and the time of receipt must be clearly inscribed in the book for ""handing over and receipt of dossiers and monitoring of the results of judgment execution for cases transferred to the commune/ward People’s Committees." (if dossiers are sent directly), or the sending bills are required (for dossiers sent by post) and such bills, with certification by the commune-level People’s Committees which have received the dossiers, must be filed.

b/ The assigned commune-level People’s Committee officials must sign their names in the book for handing over and receipt of dossiers upon receiving the dossiers (if they receive the dossiers directly) or in the sending bills then return them to the judgment-executing teams.

III. RESPONSIBILITIES OF THE COMMUNE-LEVEL PEOPLE’S COMMITTEES

1. The presidents of the commune-level People’s Committees shall be responsible to the judgment-executing teams and the superior People’s Committees for urging the judgment execution in their respective localities; shall appoint officials of the Justice Sections to directly urge the judgment execution and notify the judgment-executing teams thereof; ensure that the urging of judgment execution comply with law; organize the final reviews and abide by the regime of reporting on the judgment execution.

If any problems arise in the course of execution, the presidents of the commune-level People’s Committees should promptly report them to the judgment-executing teams for concrete direction and guidance.

2. The commune Justice Sections shall assist the presidents of the commune-level People’s Committees in urging the judgment execution and have the responsibility to:

a/ Open books, process, keep and return dossiers according to regulations;

b/ Urge the judgment execution according to the contents guided by the judgment-executing teams and directed by the presidents of the commune-level People’s Committees;

c/ Assist the presidents of the commune-level People’s Committees in carrying out the administrative and financial work in the urging of the judgment execution.

3. For the transferred cases of judgment execution, the assigned commune-level People’s Committee officials must perform on a case-by-case basis the following tasks:

a/ Sending decisions and notices on the judgment execution;

b/ Summoning the involved parties to the commune-level People’s Committee offices for judgment execution;

c/ Educating, persuading, organizing conciliation and agreement so that the involved parties voluntarily execute the judgments;

d/ Verifying the involved parties’ judgment execution conditions;

e/ Collecting money and properties for judgment execution under the guidance of the judgment-executing teams. When detecting that the persons subject to judgment execution have properties and/or incomes, requesting them to pay money and properties for judgment execution; if they refuse to voluntarily carry out the judgments, requesting the judgment-executing teams to issue decisions to apply the measure of forcible judgment execution.

The presidents of the commune-level People’s Committees shall have the responsibility to mobilize the police and self-defense militia forces, coordinate the local mass organizations to protect and support the forcible judgment execution.

If the involved parties commit acts of obstructing and/or opposing the judgment execution, to request the executors and the heads of the judgment-executing teams to issue fining decisions according to the provisions of law;

f/ Coordinating with the judgment-executing agencies in organizing auctions of properties for judgment execution. In cases where collected properties are of a kind quick to deteriorate (such as vegetables, fruits, fresh and raw foods…), in order to avoid damage, making records clearly describing the conditions of such properties, then organizing their sale and, at the same time, notifying the judgment-executing agencies thereof;

g/ Making records of the direct execution between the involved parties regarding the cash amounts and/or properties under the guidance of the judgment-executing teams; making payment for judgment execution to the concerned parties if so authorized by the judgment-executing teams.

The financial management in the judgment execution cases already transferred to the commune-level People’s Committees shall comply with Joint Circular No. 15/2002/TTLT-BTC-BTP of February 8, 2002 of the Ministry of Finance and the Ministry of Justice.

IV. RESPONSIBILITIES OF THE JUDGMENT-EXECUTING AGENCIES

1. The judgment-executing teams shall have to guide, supervise and inspect the commune-level People’s Committees in opening books, compiling judgment execution dossiers and carrying out procedures for urging the judgment execution; satisfy in time the latter’s requests so as to remove obstacles and difficulties in the judgment-executing process.

2. The judgment-executing teams shall have the responsibility to fully compile dossiers, transfer them, and issue receipts for amounts collected and spent in the judgment execution, to the commune-level People’s Committees.

3. To settle complaints related to the commune-level People’s Committees’ urging of the judgment execution according to the provisions of the Ordinance on Execution of Civil Judgments.

V. ORGANIZATION OF IMPLEMENTATION

1. The Department for Management of Civil Judgment Execution shall assist the Minister of Justice in guiding, training in, monitoring and supervising the implementation of this Circular.

2. The directors of the provincial/municipal Justice Services shall have to assist the presidents of the People’s Committees of the provinces and centrally-run cities in organizing the study and deploying the implementation of this Circular for executors, members of the judgment-executing agencies and teams in their respective localities; direct the district-level Justice Sections and judgment-executing teams to organize training for commune-level People’s Committee officials assigned the task of urging the judgment execution.

3. The heads of the judgment-executing sections and the heads of the judgment-executing teams shall organize the screening of cases, classify them, and make plans on the transfer of cases to the commune-level People’s Committees for urging their execution; supervise and urge the implementation of these plans.

4. If any problems arise in the course of implementation organization, the localities should report them to the Ministry of Justice for timely guidance.

VI. IMPLEMENTATION EFFECT

This Circular takes implementation effect 15 days after its signing.

Minister of Justice
NGUYEN DINH LOC